Case Note & Summary
The appeals arose from a judgment dated 21.04.2022 and 22.04.2022 by the XII Additional District and Sessions Judge, Belagavi, in SC No.8011/2021. The background involved a marital dispute where P.W.11, married to accused No.1, underwent family planning surgery without consent, leading to ill-treatment and legal proceedings under the Protection of Women from Domestic Violence Act, 2005. On 31.12.2019, P.W.11 informed her father, P.W.1, of assault, prompting P.W.1 and others to visit accused No.1's house for a panchayat. At accused No.4's land, accused No.1 abused them, accused No.4 held the deceased's collar, and accused No.1 assaulted the deceased and P.W.1 with a sickle, resulting in the deceased's death and injuries to P.W.1. The trial court convicted accused No.1 under Sections 302, 307, 504 IPC and accused No.4 under Section 341 IPC, while acquitting accused Nos.2 to 4 for other offences. The legal issues included the sustainability of convictions and acquittals, with accused No.1 and accused No.4 appealing their convictions under Sections 374(2) Cr.P.C. and 415(2) BNSS 2023 respectively, and the State appealing the acquittals under Section 378 Cr.P.C. Arguments by the defense included claims of injuries from a motorcycle fall, suppression of accused's injuries, contradictions in eyewitness testimony, and lack of motive, while the prosecution relied on eyewitness accounts and recovery of the weapon. The court analyzed the evidence, noting consistent eyewitness testimony, established motive from marital discord, and lack of proof for wrongful restraint or common intention. It held that the prosecution proved accused No.1's guilt beyond reasonable doubt, but evidence against accused No.4 was insufficient. The decision dismissed accused No.1's appeal, allowed accused No.4's appeal by setting aside her conviction, and dismissed the State's appeal against acquittals, partly allowing the appeals.
Headnote
A) Criminal Law - Murder and Attempt to Murder - Conviction under Sections 302, 307 IPC - Indian Penal Code, 1860, Sections 302, 307 - Accused No.1 assaulted deceased with sickle causing death and injured P.W.1 - Court found evidence of eyewitnesses consistent and motive established due to marital discord - Held that conviction under Sections 302 and 307 IPC is justified as prosecution proved guilt beyond reasonable doubt (Paras 5-13). B) Criminal Law - Wrongful Restraint - Conviction under Section 341 IPC - Indian Penal Code, 1860, Section 341 - Accused No.4 held shirt collar of deceased - Court found evidence insufficient to prove wrongful restraint - Held that conviction under Section 341 IPC is not sustainable and set aside (Paras 5-13). C) Criminal Law - Common Intention and Abetment - Acquittal under Sections 34 IPC - Indian Penal Code, 1860, Section 34 - Accused Nos.2 to 4 allegedly abetted or shared common intention with accused No.1 - Court found no evidence of active participation or prior meeting of minds - Held that acquittal for offences under Sections 302, 307, 504, 341 read with 34 IPC is not perverse (Paras 5-13). D) Criminal Procedure - Appeal Against Acquittal - Section 378 Cr.P.C. - Code of Criminal Procedure, 1973, Section 378 - State appealed against acquittal of accused Nos.2 to 4 - Court applied principle that acquittal appeal requires perversity in findings - Held that no perversity found, thus acquittal appeal dismissed (Paras 4-13). E) Criminal Procedure - Appeal Against Conviction - Section 374(2) Cr.P.C. - Code of Criminal Procedure, 1973, Section 374(2) - Accused No.1 appealed against conviction - Court re-evaluated evidence and found prosecution case reliable - Held that appeal against conviction dismissed (Paras 2-13). F) Criminal Procedure - Appeal Under BNSS - Section 415(2) BNSS 2023 - Bharatiya Nagarik Suraksha Sanhita, 2023, Section 415(2) - Accused No.4 appealed against conviction under Section 341 IPC - Court found evidence lacking for wrongful restraint - Held that appeal allowed and conviction set aside (Paras 4-13).
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Issue of Consideration: Whether the conviction of accused No.1 under Sections 302, 307, 504 IPC and accused No.4 under Section 341 IPC is sustainable, and whether the acquittal of accused Nos.2 to 4 for other offences is perverse
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Final Decision
Court dismissed Criminal Appeal No.100271/2022 (accused No.1's appeal), allowed Criminal Appeal No.100809/2025 (accused No.4's appeal) by setting aside her conviction under Section 341 IPC, and dismissed Criminal Appeal No.100104/2023 (State's appeal against acquittals)
